Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Cross country pipeline classification and ITC entitlement: pipelines outside factory treated as immovable, ITC disallowed under Section 17 restriction...
Discount/margins retained by stockists on distribution of goods were held not to be "commission or brokerage" because the arrangement was principal-to-principal: invoices evidenced outright sales with applicable indirect tax, stockists bore inventory risk, had limited regulatory-compliance controls only, and independently recorded purchases/sales and offered profits to tax; further, the payer received sale consideration and did not make any commission payment, hence no TDS obligation under s.194H and no default under ss.201/201(1A). ESOP taxation arose only on exercise/allotment under s.17(2)(vi) and not at mere grant, so no TDS under s.192 and the demand was deleted. Interest for delayed payment to MSME suppliers was treated as part of sale consideration (not "interest" u/s 2(28A)) and, with voluntary disallowance u/s 37(1), s.194A and consequential ss.201/201(1A) were held inapplicable. - ITAT
Discount/margins retained by stockists on distribution of goods were held not to be "commission or brokerage" because the arrangement was principal-to-principal: invoices evidenced outright sales with applicable indirect tax, stockists bore inventory risk, had limited regulatory-compliance controls only, and independently recorded purchases/sales and offered profits to tax; further, the payer received sale consideration and did not make any commission payment, hence no TDS obligation under s.194H and no default under ss.201/201(1A). ESOP taxation arose only on exercise/allotment under s.17(2)(vi) and not at mere grant, so no TDS under s.192 and the demand was deleted. Interest for delayed payment to MSME suppliers was treated as part of sale consideration (not "interest" u/s 2(28A)) and, with voluntary disallowance u/s 37(1), s.194A and consequential ss.201/201(1A) were held inapplicable. - ITAT
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